HomeMy WebLinkAboutContract 52500 CITY SECRETARY
CONTRACTN0. 50L500
O� RE(�R� SUPPLIER SERVICES AGREEMENT
Auto Data Direct,Inc.
This SUPPLIER SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and
through Jesus J. Chapa, its duly authorized Assistant City Manager, and Auto Data Direct, Inc.,
("Supplier"), a Florida Corporation, and acting by and through, Kevin Richard "Rick" Kerr, its duly
authorized Vice President and General Manager each individually referred to as a"party"and collectively
referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Supplier Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Supplier shall provide Lien Letter Generation and Mailing services for the City of Fort Worth(City)
Police Department (FWPD) on an as-needed basis. Exhibit "A," - Scope of Services more specifically
describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on July 1, 2019 ("Effective Date") and shall expire on June 30, 2020
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and
conditions for four(4)one-year renewal periods,unless City or Supplier provides the other party with notice
of non-renewal at least 30 days before the expiration of the Initial Term or renewal period.
3. COMPENSATION.
City shall pay Supplier in accordance with the fee schedule in accordance with the provisions of
this Agreement and Exhibit "B,"—Price Schedule. Total payment made under this Agreement by City
shall not exceed the amount of Twenty-Three Thousand and One Hundred Dollars ($23,100.00) per
year.Supplier shall not perform any additional services or bill for expenses incurred for City not specified
by this Agreement unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Supplier not specified by this Agreement unless City first
approves such expenses in writing.
OFFICIAL RECORD
CITY SECRETARY
19-0045 Supplier Services Agreement b 1
1
4. TERMINATION.
4.1. Written Notice. City or Supplier may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Supplier of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Supplier for services actually rendered up to the effective date of
termination and Supplier shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, Supplier shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Supplier has received access to City Information or data as a requirement
to perform services hereunder, Supplier shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Supplier hereby warrants to City that Supplier has made full
disclosure in writing of any existing or potential conflicts of interest related to Supplier's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Supplier hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Supplier,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Supplier shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Supplier shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Supplier
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Supplier agrees that City shall,until the expiration of three(3)years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to,all electronic records,of Supplier involving transactions relating to this Agreement at no
additional cost to City. Supplier agrees that City shall have access during normal working hours to all
necessary Supplier facilities and shalt be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Supplier reasonable advance notice
of intended audits.
19-0045 Supplier Services Agreement Page 2 of 14
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Supplier shall operate as an independent contractor as to
all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Supplier shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subSuppliers. Supplier acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Supplier, its officers, agents, employees, servants,
Suppliers and subSuppliers. Supplier further agrees that nothing herein shall be construed as the creation
of a partnership or j oint enterprise between City and Supplier. It is further understood that City shall in no
way be considered a Co-employer or a Joint employer of Supplier or any officers, agents, servants,
employees or subSupplier of Supplier. Neither Supplier, nor any officers, agents, servants, employees or
subSupplier of Supplier shall be entitled to any employment benefits from City. Supplier shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents,servants, employees or subSupplier.
S. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - SUPPLIER SHALL BE LIABLE FOR DIRECT DAMAGES
INCURRED AND CAUSED BY THE NEGLIGENT ACT OR INTENTIONAL MISCONDUCT OF
THE SUPPLIER. SUPPLIER IS NOT RESPONSIBLE AND DISCLAIMS LIABILITY FOR
CONSEQUENTIAL DAMAGES, FOR THE ACTION OR INACTION OF THE USPS OR ERRORS
IN THE DATA SUPPLIED BY STATE AGENCIES. SUPPLIER DISCLAIMS ANY OTHER
WARRANTIES.
8.2 GENERAL INDEMNIFICATION - SUPPLIER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SUPPLIER'S BUSINESS
AND ANYRESUL TING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO
ANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
SUPPLIER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Supplier agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation.So long as Supplier bears the cost and expense of payment for claims or actions
against City pursuant to this section,Supplier shall have the right to conduct the defense of any such
claim or action and all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Supplier in doing so. In the event City,for whatever reason, assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
19-0045 Supplier Services Agreement Page 3 of 14
Supplier shall fully participate and cooperate with City in defense of such claim or action.City agrees
to give Supplier timely written notice of any such claim or action,with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or
expenses shall not eliminate Supplier's duty to indemnify City under this Agreement.If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Supplier shall, at its own expense and as City's sole remedy, either: (a)procure for City the right to
continue to use the software and/or documentation;or(b)modify the software and/or documentation
to make it non-infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Supplier terminate this Agreement, and refund all amounts
paid to Supplier by City, subsequent to which termination City may seek any and all remedies
available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Supplier shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City.If City grants consent to an assignment,the
assignee shall execute a written agreement with City and Supplier under which the assignee agrees to be
bound by the duties and obligations of Supplier under this Agreement. Supplier and Assignee shall be
jointly liable for all obligations of Supplier under this Agreement prior to the effective date of the
assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Supplier shall execute a written
,agreement with Supplier referencing this Agreement under which sub Supplier shall agree to be bound by
the duties and obligations of Supplier under this Agreement as such duties and obligations may apply.
Supplier shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Supplier shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Supplier, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
19-0045 Supplier Services Agreement Page 4 of 14
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear. The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation of coverage shall be
provided to City. Ten(10)days' notice shall be acceptable in the event of non-
payment of premium.Notice shall be sent to the Risk Manager, City of Fort
Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth
City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Supplier has obtained all required
insurance shall be delivered to the City prior to Supplier proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Supplier agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal,state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Supplier of any violation of such laws, ordinances, rules
or regulations,Supplier shall immediately desist from and correct the violation.
19-0045 Supplier Services Agreement Page 5 of 14
12. NON-DISCRIMINATION COVENANT.
Supplier,for itself,its personal representatives,assigns,subSuppliers and successors in interest,as
part of the consideration herein, agrees that in the performance of Supplier's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY SUPPLIER, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBSUPPLIERS OR SUCCESSORS IN INTEREST,
SUPPLIER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND
CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To SUPPLIER:
City of Fort Worth Auto Data Direct, Inc.
Attn:Jesus J. Chapa,Assistant City Manager Selma Sauls, Contracts Manager
200 Texas Street 1830 East Park Avenue, Suite 1
Fort Worth,TX 76102-6314 Tallahassee,FL 32301-2865
Facsimile: (817) 392-8654 (850) 877-8804
SSauls@add123.com
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither City nor Supplier shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
contractor,any person who is or has been employed by the other during the term of this Agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Supplier to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Supplier's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
19-0045 Supplier Services Agreement Page 6 of 14
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Supplier shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B, and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A,B and C, contains the entire understanding and agreement
between City and Supplier,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
19-0045 Supplier Services Agreement Page 7 of 14
25. WARRANTY OF SERVICES.
Supplier warrants that its services will be of a high quality and conform to generally prevailing
industry standards. City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Supplier's option, Supplier shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or
(b)refund the fees paid by City to Supplier for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Supplier shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Supplier shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Supplier shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Supplier employee who is not legally eligible to perform such services. SUPPLIER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SUPPLIER,
SUPPLIER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written
notice to Supplier, shall have the right to immediately terminate this Agreement for violations of this
provision by Supplier.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Supplier hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Supplier whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C". Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any amendment
hereto.
19-0045 Supplier Services Agreement Page 8 of 14
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Supplier shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records.The president of Supplier or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the
City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Supplier certifies that Supplier's signature provides written verification to the City that Supplier:(1)
does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of , 2019.
(signature page follows)
19-0045 Supplier Services Agreement Page 9 of 14
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: this contract,including ensuring all performance and
Jesus J.Chapa reporting requirements.
Assistant City Manager
Date: G��l ! "!/9'
By,
K' berly s
APPROVAL"C0MTAENDED: Management Analyst
APPROVED AS TO FORM AND LEGALITY:
By: _
Bdwi u
Chief of Police By:
Name: Matthew A.'Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
By =0 Not Applicable
s
ary .Kay er
j6
City Secretary
.......
SUPPLIER: ) $
Auto Data Direct,Ina ATTEST:
By; � _ --
Kevin Richard"Rick"Kerr By:
Vice President and General Manager Name: Selma Sauls
Title: Contracts Manager
Date: o6myig
OFFICIAL RECORD
rnv-crrgETARy
19-0045 Supplier Services Agreement
FT.WWW,4TX
EXHIBIT A
SCOPE OF SERVICES
The Vendor agrees to provide Lien Letter Generation and Mailing services for the Fort Worth Police
Department Auto Pound unit on an as-needed basis.
The services shall include:
1. The system used for this service shall be compatible with Tegsco,LLC Aries Impound System
("Aries")
2. Automatically populate Texas Department of Licensing and Regulation(TDLR)compliant Lien
Letter(see attached Exhibit A-1).
3. Print this letter and mail to both Owner and Lien Holder; as well note Aries Impound System
with uploaded copy of letter in file for the Auto Pound's records.
4. Label—Address—Mail Certified Letter with copy of certified information uploaded into Aries
system.
5. Provide information and proof of all received and returned certified letters.
6. The estimated volume of these letters is about 275 letters per month or 3.300 letters per year.
19-0045 Supplier Services Agreement—Exhibit A Page 11 of 14
EXHIBIT A-1
SAMPLE LIEN LETTER
TDLR VSFLic.No. 12/01/2018
Fort IVorth Auto Pound Other Interested Entities:
ROSATORR5s
M4 BEAuMONT ST.FORT O"Ttr.Tx,76106
2500 Brennan Ave
Fort Worth,TX 76106
3173925950
Addressee
JOSE CUEVAS-MERINO
1704 BEAUMONTST
FORT WORTH,TX 76106
Vehicle Information
Year ISM Malte CHEVROLET Impound Date 111152018
Model C-1500 Tag NO PLATE Vehicle Identification Nutn.
To whom it may concern
Vic above described vehicle was towed by Advanced Towino
and is in storage at 2500 Brennan Ave Fort Worth TX 76106
The vehicle vvas towed from 28651(ncoln
T1le tow was authorized by FORT WORTH PD/505 W.Felix St Fat Worth Ix 76115(817)392-5950 ---
Storage is charged at the rate of$20.00 per day,plus tax. Storage charges began accruing on 11/15/20187owing charges $150.00
Notification fees $50.00 Tolal(lo dale) $285.00 ,plus tax.
Othe•charges include: $25.00 FOR Administrative Fee.$20.00 FOR Impoundment Fee.$20.00 FOR Evidence Storage Day 1
Pickup Info: Once all fees are L3,d to reUeive r vehice gg must M9 ,and resent a valid US or State Gov. —
issued photo Identification an pro ame tp(vat ht ,current reglsoatlon,or no tart o sa a or mritcles sold in
last year),A valid drivers license and insurance is required to drive the vehicle-from the property.
State law require-3 to notify the registered owner and lien letter that Rights of Ormeruc Operator Ocupations wdo,Chapter 2302,
Ihevehicle has dmrgeso d.niksndisb6.g assessed.daily storage SubchapterI
cbarge.Tclal smmgecl.mgn—not be wmpracduntil vehicle is A request for a hearing must coulaul:
daiva The storage charge will a.—,daily untdvelricle to released I.T.e neme,ad&"%and lcleplronc number of lire..,in ar operator of
The TEXAS VEHICLE STORAGE FACILITY ACT,Traas he vehicle;
Occupations code 2303,allows for a reasonable charge for Oris service. 2-The lowtiou from ti ich the vehiok was rnwved;
3.The dale whenthe vehide was wen aved;
Sale law requires that you mustcantact treimpound lot mid take action 4.The name,add¢ss and telephone number ofth<persan,or law
within a hsenly(20)daypetiod from thedateofthis noticeoryour enforceracn[agaxy win autlhorized the removal;
vehicle will bedeemed abandonedmtd subject to drsposslatpublie 5.The amne,adderss,mndteleplhone numbccoftle vehicle storage
section,The contwisofthevehiclewi8 bedenned abandoncdafrcr30 faeilily wlhere 11.vehicle was placed;
day.and disposed once the vehicle is auctioned,
G.The nmue,addhess,wend lcleplronc numbec cif the towing wnlpany that
If you m longer own,have legal claim to duivehiele,but have removed the vehice;
kri—ledge of the cu-m mmlec or lien holdey please call 7.A wpy of any receipt of nutificamn that the owner or operator
81739Z5950 received ficm the rowing wmpanyar vehicle storage facility;and
8.If the vehicle%-m rentoved for a puking facility,photographs
The vehicle owner has aright utder Texas Occupation code Chapter showing the location mid text of any signs posted at the facility
2308 to delefmhle ifpmbable cause existed to low[his vehicle.See restciclingparkingafvehide ors More ent that no signs rimtuhg
Allachment"Riglnsof0woet". Plesseeallusifyouneedinformation parking were posted at thepadung facility.
oa chsrgcs or ifwe can be of any help to you.For wruplainlson tlhis The court rill charge a filing fee for a hearing.
facility,callorwrite: Thewrin request fora hearing must be filed in any Jusice aflhe Pc
Texas Department ofLicensing andRegul anion C...t from the county in wlhidr the vehicle was rowed
PO Box 12I57 htM:(kart.Irmuns.Eov1Di—lorySca c)r p•x
Austin,Taxas 78711
hapsa/wwtv.tdJerexaz.gov/complaints-enfarcement(a2edlr.texas.eov When filing at the eoun include the!allowing wnmG fonndficatirn:
Plra roe:(800)803-9202-512-463-6599
Occupations wde,Chapter2308,SubchapterJpmvides that sex owneror FW-TX Auto Pound
opemnr whose vehicle lmsbeen moved andpl aced into s veln6c storage
facil itywidrout wnsent may challenge the placement fthe vehicle (ATTN:Wrecker Liaison)
befcm thcjustice rpe-1—ingjurMictionon orbefare die[4th day 2500 Brennan Ave
after the vehicle eras removed mhd placed into storage r.luding
Salardays and SundaysandLgal eolidyre. Fort Worth,TX,76106
19-0045 Supplier Services Agreement—Exhibit A Page 12 of 14
EXHIBIT B
PRICE SCHEDULE
Auto Data Direct has set the unit price for Lien Letter Generation and Mailing Services to be
$7.00 per Certified Lien Letter.
With the agreement of the City,which shall not be unreasonably withheld,the unit price may be
increased or decreased along with the change of any United States Postal Service fee.
The Supplier will invoice the City on a monthly basis to:
City of Worth
Kimberley A. Dees, Towing Liaison—Auto Pound
2500 Brennan Avenue,Fort Worth, TX 76106
Office (817) 392-5964
ACH payment will be made by the City in net 30 days of invoice submittal.
Accounts receivable/invoicing contact information for the Supplier: Ben Taylor,Accounts Receivable
Manager,Auto Data Direct,Inc.; Email: btaylor@add123.com.
19-0045 Supplier Services Agreement—Exhibit B Page 13 of 14
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
AUTO DATA DIRECT,INC.
1830 EAST PARK AVENUE,SUITE,1
TALLAHASSEE,FL 32301-2865
Supplier hereby agrees to provide City with independent audit basic financial statements,but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Supplier and to execute any agreement, amendment or
change order on behalf of Supplier. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Supplier.City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Supplier. Supplier will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Supplier.
1. Name: Rick Kerr
Position: ice P ent and General Manager
Si re
2. Name: Jim Taylor
Position: Vice President
/ 401,
Si ature
3. Name:
Position:
Signature
Name: Rick
Xgdaiture of President/CEO
Other Title: Vice President and General Manager
Date: 06/13/19
19-0045 Supplier Services Agreement—Exhibit C Page 14 of 14